India-Pakistan: Treat vulnerable prisoners with compassion, says panel

Implementation of consular access draws judges’ concern.

ISLAMABAD:

The India-Pakistan Judicial Committee on Prisoners has voiced concern over the lack of complete implementation of the Consular Access Agreement of May 2008 signed between the neighbours in order to facilitate prisoners languishing in each other’s jails.

The committee, comprising retired judges from the two countries, visited Indian jails in Delhi, Jaipur and Amritsar from January 23-27 to meet currently held Pakistani inmates.

“Forty-six Pakistani prisoners at Central Jail Tihar, New Delhi, 98 Pakistani prisoners at Central Jail, Jaipur, and 45 Pakistani prisoners at Central Jail, Amritsar, were presented before the committee,” according to a joint statement issued by the foreign ministry on Friday upon conclusion of the judicial committee’s visit.

The members of the committee include Justice (retd) A S Gill and Justice (retd) M A Khan of India and Justice (retd) Nasir Aslam Zahid and Justice (retd) Mian Muhammad Ajmal from Pakistan.

The statement said the committee recommended that the agreement must be implemented fully.

It added that consular access must be provided within three months of arrest and repatriation must take place within one month of confirmation of national status and completion of sentences.

The statement also proposed that consular access must be provided immediately to all those prisoners who have not been given consular access so far and the process of nationality confirmation should start immediately after consular access is provided.

Additionally, it was recommended that a mechanism be developed for compassionate and humanitarian consideration to be given to women, juveniles, mentally challenged, seniors and all those prisoners suffering from a serious illness or permanent physical disability. It was also recommended that terminally ill and mentally challenged prisoners must be kept in hospitals irrespective of confirmation of their national status and offence.

The committee suggested that prisoners involved in minor offences like visa violation and inadvertent border crossing deserve compassion from both sides.

It was noted that the respective courts must be requested for expeditious trial of all ‘under trial’ prisoners.

“Provision of legal aid/attorneys to prisoners must be ensured at all stages of their cases,” said the statement.

The committee also endorsed the recommendations of the home/interior secretary level talks held in March last year, which were to task the Pakistani Maritime Security Agency and Coast Guard of India to work on setting up a mechanism for the release of fishermen who had inadvertently crossed borders. It was recommended that the fishermen should be repatriated by sea lanes along with their boats.

Published in The Express Tribune, January 28^th, 2012.